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2026 DAILYLAW 11514 (BOM)

PRASHANT DWARKANATH KABADI AND ANR v. THE STATE OF MAHA. THR. SEC. SCHOOL EDUCATION DEPT. AND ORS

WP/308/2023 · 2026-09-23

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Judgment text

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404- WP-308-2023.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 308 OF 2023 Prashant Dwarkanath Kabadi & Anr ...Petitioners Versus The State of Maharashtra Thr. Sec.School Education Dept. and Ors ...Respondents _______ Mr Vinayak R Kumbhar, with Rajendra B Khaire, i/b Ashwini N Bandiwadekar, for Petitioners. Mr P P Kakade, Addl GP, with Nisha M Mehra, AGP for Respondents-State. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 23 SEPTEMBER 2026 P.C. 1. Heard learned counsel for the parties. 2. This Writ Petition is filed by Petitioner No.1, who is stated to be working as ‘Peon’ (‘Shikshan Sevak’) with Petitioner No.2-Institution. Learned counsel for the Petitioner has pressed for relief in terms of prayer clause (b), which reads thus:- “b] By a suitable writ, order or direction, this Hon'ble Court may be pleased to direct the Respondent No. 3 to decide the proposal dated 21.9.2011 [EXHIBIT-C] submitted by the Principal of the School managed by the Petitioner No. 2 Institution, and accordingly to grant approval to the appointment of the Petitioner No. 1 in the said School as a Peon on monthly honorarium for 3 years i.e. 15.6.2011 to 14.6.2014 and to release the grant-in-aid for payment of the said honorarium of 3 years, and thereafter to grant further approval to the Shivgan 404- WP-308-2023.DOC Petitioner No. 1 as a Peon on regular basis and on payment of salary in pay scale w.e.f. 15.6.2014, with all arrears.” 3. As the only prayer is that Petitioner No.1’s proposal for approval to his appointment needs to be considered and decided in accordance with law, we are of the opinion that it would be in the interest of justice that Respondent No.3 decides the proposal dated 21.9.2011, after giving an opportunity of hearing to the concerned parties, in accordance with law, as expeditiously as possible and, in any event, within a period of six weeks from today. Petitioner No.1 shall appear before Respondent No.3 on 5th October 2026 at 2.30 p.m. and thereafter, Respondent No.3 shall proceed to hear the parties and pass an appropriate order. 4. All contentions of the parties are expressly kept open. 5. Disposed of. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) Shivgan SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2026.09.28 13:22:32 +0530